American law shifted when Justice Samuel Alito authored a ruling during spring 2022. He overturned the long-standing ruling on abortion in the case of Dobbs. Chief Justice John Roberts wanted a smaller change to the law. But Alito chose to go further and strike down the old rule completely.
Alito wrote in the court’s majority opinion that “Roe was egregiously wrong from the start.” He stated that the reasoning proved exceptionally weak while the decision caused damaging consequences. His new book, So Ordered, explains his views on the Constitution. The book is a collection of essays and speeches from his 20-year career. It does not focus much on how he reached that specific abortion decision.
The Threat to Our Order
Alito believes the system of laws that holds our country together is in danger. He thinks this order faces threats from people on the left and on the right. “Today, as at other critical times in our nation’s history, it is an open question whether a constitutional system and culture that are ‘so ordered’ can continue to flourish,” Alito writes.
The book title comes from the line that ends most Supreme Court decisions. It also points to Alito’s belief in a specific constitutional order undergirding the US. He argues for judges who base their decisions on the original meaning of the Constitution. This approach guards the pluralistic order he says is now at risk.
Faith and the Law
Regularly attending Mass, Alito is a Catholic with deep knowledge of his faith. He warns that using Catholic ideas in court could cause deep division. Writing that relying on Catholic natural law interpretation would merely stir up anti-Catholic prejudice, he argues this.
He adds that “Natural law would be characterized as Catholic dogma.” He cautions that Catholic jurists consulting natural law risk accusations of imposing personal beliefs on the population. He sees a clash between religious people and those who follow a new moral code.
Alito observes nonreligious people believing in a new equality moral code for same-sex couples refuse to live peacefully with violators. He suggests that secular progressives were once more tolerant of conservative religious dissent. Now, he sees a culture where warring moral codes make peace difficult.
What the Book Reveals
The book offers a broad case for his originalist views on the Constitution. The document exposes much regarding Alito as both a constitutionalist and a person of faith. His reasoning relies on a strong commitment to a pluralistic order. This order must be guarded by judges who stick to the original text.
Readers can find the book at major retailers for $22.38. It contains 320 pages of his thoughts on the Court and our country. The analysis comes from a review in Christianity Today. According to the review, the book might explain why he ruled to overturn Roe.
Alito’s message is clear about the dangers facing our constitutional system. He asks if our culture can survive when two sides fight over the moral code. His words serve as a warning to those who would use the courts to force one view on all.
